FMLA-20 — Holiday Pay

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

December 7, 1993 FMLA-20

Dear
Name*,

This is in response to your inquiry and our telephone conversation regarding certain provisions of the
Family and Medical Leave Act of 1993 (FMLA).

Name* currently has an employee on FMLA leave. During the leave the Thanksgiving, Christmas and
New Year holidays will occur. The employee is substituting paid sick and vacation leave for the unpaid
FMLA leave. It is the
Name* policy not to grant holiday pay for any employee who takes a personal leave
or educational leave. You ask if the employee is entitled to holiday pay for the three holidays while on
FMLA leave.

During our telephone conversation you stated that the personal leave and educational leave you
referenced in your letter are forms of unpaid leave. You were not sure what the
Name* policy is
regarding holiday pay during periods of paid leave such as vacation.

If the employee is entitled to receive holiday pay while on paid leave (e.g., vacation leave) the employee
is entitled to holiday pay when the paid leave is being substituted for unpaid FMLA leave. In accordance
with the
Name* policy, the employee would not be entitled to holiday pay when the employee is taking
unpaid FMLA leave. As we discussed, if the employee is entitled to holiday pay while substituting paid
leave for unpaid leave, the fact the employee received pay for one or more days in the form of holiday
pay would not extend the employee's leave entitlement. For example, if the employee is paid holiday pay
for one day, the employee does not then receive 12 weeks and one day of FMLA leave. The entitlement
is still 12 weeks.

Hopefully this has been responsive to your inquiry. If I may be of further assistance you may reach me at
(202) 219-8412.

Sincerely,

J. DEAN SPEER
Director, Division of Policy and Analysis

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
Working to Improve the Lives of America's Workers Page 1 of 1